A/HRC/14/43/Add.2 discrimination against persons with a migration background. These interlocutors noted that the Plan does not propose any reform in key areas that directly contribute to the socioeconomic exclusion of migrants, such as the role of the education system in promoting equal opportunities, or the question of discrimination in areas such as housing and employment. A more comprehensive criticism of the National Action Plan against Racism voiced by civil society is that it has not managed to shift anti-racism actions in Germany from project-oriented actions to taking a structural approach to the problem. IV. Main challenges in the fight against racism, racial discrimination, xenophobia and related intolerance A. Law enforcement and right-wing extremism 29. The Federal Ministry of Interior provided some relevant figures to the Special Rapporteur with regard to right-wing extremism. Officials noted that there are about 30,000 right-wing extremists in the country at present, 4,800 of which are believed to be neoNazis, in nearly 160 associations. Apart from these organized groups, according to the Ministry some 9,500 persons are believed to be ready to engage in racist violence. Furthermore, around 13,000 extremists are organized in extreme right-wing political parties. While civil society organizations estimated that these figures are much lower than the real number of extremists in Germany, the figures nevertheless show that extreme rightwing ideologies, including neo-Nazism, are still active and abundant in the country. 30. The question of right-wing racist organizations, including neo-Nazi movements, was also addressed by authorities in the Ministry of Interior. Government officials explained that over the past 20 years, more than 30 racist organizations have been banned. Some of these organizations continue to operate under different names, requiring legal procedures to be re-initiated. However, the Special Rapporteur noted a high level of awareness insofar as curbing the activities of such organizations is concerned. Officials explained that proceedings to ban political parties are more complex due to the additional constitutional protection afforded to such parties. In particular, the question of previous proceedings taken against the National Democratic Party (NPD) was addressed. In view of the failure of previous attempts to ban the NPD, the authorities explained that they would only initiate such a procedure if there were credible enough evidence for a lawsuit to be successful. 31. With regard to racial profiling, minority associations and non-governmental organizations expressed concern regarding the widespread perception that in the aftermath of 11 September 2001, the police engaged in racial and religious profiling against certain groups, including people of African descent, Arabs and Muslims. Officials at the Ministry of Interior emphasized that police searches have to be motivated by a prior suspicion, and that police officers cannot rely on subjective notions, such as the ethnic or religious background of individuals, as grounds for suspicion. They further emphasized that these principles are the subject of extensive training for police cadets. B. Hate crimes 32. Existing criminal legislation on hate crimes is contained in section 46 of the Criminal Code, which provides for the consideration of the “motives and aims of the perpetrator” when investigating and adjudicating on criminal acts. The concept of racist hate crimes is thus not formally defined in the legislation. However, a peak in the number of cases which could be classified as hate crimes in the late 1990s and 2000 prompted the authorities to review the system of registration of hate crimes. In this new classification GE.10-11624 9

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